People v. Ah Sum

Sharpstein, J. Appellant was tried and convicted upon an information charging him with perjury com[649]mitted as follows: That on the fourth day of April, A. D. 1890, there was pending and on trial in the police court of the city of Oakland “a certain action and proceeding wherein the people of the state of California were plaintiffs and said Ah Sum was defendant, and said court, having competent jurisdiction to hear, decide, and determine said trial, action, and proceeding according to the laws of the state of California, was then and there fully empowered to administer the law in said trial, action, and proceeding; that it then and there became and was material on said trial, action, and proceeding, to know whether or not the said defendant, Ah Sum, did furnish, sell, and transfer to one John Ferrin, in the city of Oakland, county of Alameda, state of California, on or about the twenty-second day of January, 1890, a certain document, instrument, paper, and lottery ticket in the words and figures following, to wit.” A space of about two inches square is occupied by Chinese characters. And then the information proceeds as follows: “ And said defendant, Ah Sum, was then and there duly called as a witness on said trial, action, and proceeding, on his own behalf, and said Ah Sum was thereupon duly sworn as a witness by William S. O’Brien, then and there the duly appointed, qualified, and acting clerk of said police court, and an officer then and there authorized by law to administer oaths, and to administer an oath to the said Ah Sum; and then and there, before said William S. O’Brien, in said police court, the said Ah Sum took his corporal oath that the testimony he should give upon the trial of said issue then and there pending in said police court, in said trial, action, and proceeding, should be the truth, the whole truth, and nothing but the truth; and being so sworn, the said Ah Sum did then and there, on said fourth day of April, 1890, in said police court, upon the said trial of said issues, willfully, knowingly, corruptly, falsely, and feloniously, and contrary to said oath, state, testify, and declare under oath, among other things, in substance, as follows, to wit, that he, said Ah Sum, did not, on said twenty-second day of [650]January, A. D. 1890, at the said city of Oakland, or at any other time or place whatsoever, furnish, sell, and transfer, or furnish or sell or transfer, to and for, or to or for, said John Ferrin, or to and for, or to or for, any other person whatsoever, the said, or any, instrument, document, paper, and lottery ticket, whereas in truth and in fact, as was then and there well known to the said Ah Sum, all of the said testimony and declaration herein-before in substance set forth was and is false and untrue, and then and there was material matter to the issues then and there being tried in said police court, as aforesaid, whereby he, the said Ah Sum, did then and there, as aforesaid, feloniously, willfully, knowingly, and corruptly swear falsely, and feloniously commit willful perjury, contrary,” etc. •